Kenson Mutethia

Maiden physical appearance at the High Court on behalf of the Deputy President in the Impeachment Case. Very honoured to have appeared before the three-judge bench&humbled to hear my Pupil Master, Mentor,Good Friend and our Lead Counsel,Dr Muthomi SC,take pride in his mentorship.

Provided that procurement is carried out in accordance with Article 227 and the PPADA, there is no reason for it to be prohibited. When abuse occurs, competent institutions can enforce these standards. To that end, no one, including the AG, should interfere with procurement.

We fought a good fight for the Profession and succeeded. Petition seeking to prohibit public entities from engaging external counsel has been dismissed. Governments procure several services besides legal services; there was no justification for singling out the legal profession.

Likepoliticalpopulism,judicialpopulisminsiststhatthereareclear, correctanswerstocomplex,debatableproblems

That Wakili Abshir is barely a year into practice should heighten LSK’s concern. Young advocates already face formidable barriers. Safety in line of duty must never become another. LSK must ensure fear has no place in the Bar. A fearful Bar is the breeding ground of tyranny.

Kudos for good progress made here. First, SCORK has now laid out the procedure for asking it to depart. Second, SCORK distinguishes an aggrieved from an interested party. Decision seems to have turned on LSK voluntarily joining as an IP, hence no prejudice. Hope for future cases.

"The Constitution belongs to those who died. It belongs to those who weep for them. And it belongs, with equal and unyielding force, to those accused of causing their deaths. For when a nation is wounded, the law must not bleed." Lady Justice Kavedza in the Shakahola Judgment.

Also found it interesting that the High Court re-sentenced the Petitioner itself, because it felt that that was the appropriate relief. Will be quite interested to see how COA and SCORK feel about this. Is a resentencing hearing mandatory?

The High Court has jurisdiction to determine constitutionality of statutes. Does the fact pattern in this case affect that jurisdiction? Can constitutionality be raised after exhaustion of appeals? What is the place of Art 50(6) here? Does it cover conviction re-hearings only?

SCORK wants an appropriate case to determine constitutionality of other mandatory sentences. Interested to see on appeal whether this case meets the "appropriate case" test since Petitioner:1. is convicted.2.Appeals to HC loses.3.Appeals to CoA withdraws.4.Files instant Petition.

6. Adverse incident must unequivocally interrupt adverse occupation eg re-entry, dispossession or formal acknowledgment of title by adverse possessor. Mere notices or correspondences wont suffice. 7.All the other usual principles and requirements for adverse possession remain.

3. Time in (1) above starts from the date new owner is entitled to immediate possession or from title date. 4. Time ceases to run either when owner asserts his rights or when adverse posessor admits his rights. 5. Assertion can be met by:(a)legal proceedings; (b) effective entry.

The Supreme Court has settled perhaps all the vexing questions on adverse possession: 1. Where there is a change of ownership, time starts running against the new owner a fresh (interesting for succession titles). 2. Adverse possession can accrue from a failed sale.

This Friday the Supreme Court will give some authoritative guidance on adverse possession. We wait.

To answer the core questions, SCORK's decision may ultimately turn on the distinction between: Commercial advertising and Non-commercial advertising; and scope of liability from editorial content vis a vis advertising/sponsored material.

CoA was the view that once corrective measures are taken then the liability is diminished especially where there is no malice on the publisher and where the advert involved conferred no benefit to the publisher.

SCORK heard arguments on this today. The case will clarify: 1. What duty of care a publisher owes. 2. ⁠Where false/detrimental information is published a publisher's liability. 3. How corrective measures undertaken by a publisher once(2)above is discovered affects its liability.

Litigation strategy is king. Interestingly, strategy is not a natural skill. It's cultivated through consistent reading, observation and thinking. Generally, experienced advocates tend to be more strategic. A young Advocate who cracks the recipe early will be lethal in no time.